♪ what did we learn on the show tonight, craig? ♪ [meow] [laughter] craig: hi, gerry. >> hello. craig: what do you do? >> i'm a comedian. craig: were you scheduled to be on the show tonight? >> i was but apparently that changed. craig: one of our guests talked to long. [laughter] >> jeremy red pants. craig: jeremy red pants is a respected actor. he talks the right amount of time and he has his boots -- >> stop it. ok. you let me. craig: i would let you too. would you like to apologize to gerry? >> i am so sorry. i know you to get on a flight. craig: really? come back next week. come back next week and be on the show. i insist. at our expense.

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the vote - just moments ago. the moment of truth for san francisco's embattled view. >> a man tries to board california with a smoke grenaded body bag as that is not all. and so what was this guy up to? >> they will be gasping for air. >> this bay area dad lost his son because of dessert. >> it was the most heartbreaking day of our life. >> the life saving crusade to protect 12 million kids from food allergies. good evening, i'm dana king. >> i'm ken bastida. we have breaking news out of san francisco tonight. suspended sheriff will keep his job. the board of supervisors just wrapped up a nine-hour hearing with that decisive vote.

and cbs5 reporter linda yee is live outside city hall with the sheriff's reactions. >> reporter: definitely some stunning developments tonight. a majority of the supervisors did agree that the sheriff did commit the official misconduct charges and therefore should be removed from office, but nine votes, they are needed to remove anyone from elected office. it didn't happen. so it appears that he will get his job back as that their marathon hearing began nine hours ago with public testimony from more than 100 people. it was the supervisors here who are pretty closely aligned and said that despite the charges against them that they couldn't agree that he would lose his job. that it had is what he had to say. >> the message about our

players here, listening up intensely like everyone else. and now it will be about moving forward. and they will sense this with all parties. i look forward to demonstrating why the people elected me as sheriff and look forward for me and my family, you know, who is now in a place where are hopefully we will keep some normalcy. >> reporter: this is a stunning defeat for the mayor ed lee who wanted to remove him from office. we are waiting for the mayor's office tonight. reporting live at city hall, linda yee, cbs5. right now rain and lightning in parts of the bay area. meteorologist with a look at where this is all coming down. >> yes, take a quick look at the radar. mushrooming over the south bay, especially in san jose. bang, they are now going to move into hillsboro, south san francisco and south city. that'll be in the next few minutes. we'll update you on that and

here is how it looks. they came down and came down good. but now the elevated rain gauge has only picked up a tenth of an inch, but that's about it as we'll have all the details on what happens next. take a look at that when we cover weather in a few minutes. dana? >> all right, thank you so much. it is suppose to be a special day for the young boy. but instead, he is recovering from the crash that nearly killed his mother as she and a friend were badly hurt. pushing him out of the path of the speeding suv near turner elementary school this morning. he spoke to cbs5 reporter about the ordeal. >> reporter: a tough day for the 11-year-old. it is his birthday and instead of celebrating, he's recovering in the hospital and praying his mom, a school crossing guard and her friend survive. >> all you hear was a car going like err, my mom started running towards me pushing me out of the way and then they both got hit. >> reporter: a car going twice

the speed limit struck his mom and another parent standing next to her. >> her condition is very serious. it is very serious. >> reporter: both women suffering broken bones and in surgery all day. gilbert was knocked to the ground suffering cuts and bruises. >> i just thank god that, you know, her first thing was to protect her child because she risked her life to save his. because she pushed him out of the way. this is what happened. >> reporter: the driver and passenger escaped the smashed car, but later police say that the 22-year-old returned to the scene, admitting that he was the driver and that he had been drinking. >> it this is your birthday, right? what was your plan today? >> i was suppose to go to chuck e. cheese. and then i was suppose to go to dinner and to go back home. >> that changed. >> reporter: as for that passenger in that vehicle, he

still remains at large and may have an outstanding warrant for his arrest. the two women here are listed in serious condition after a day of surgeries. as for gilbert on his birthday he says he's going to postpone his special day until his mom comes home. that's when he plans to celebrate. in walnut creek, juliette goodrich, cbs5. the a's and the giants were both on the brink of elimination, but tonight both teams came up big. >> take a look at the game over the last four years. going out to the deep right field. he leaps and to the right center, he's got it. >> the a's used great d and just enough hitting to beat the detroit tigers 2-0. detroit still leads the best of five series though, two games to one. game four is tomorrow in oakland. >> that is a great ballpark. and they will go down the line. the long runs for them and a big slide and then did he make

the play? yes, he did. >> as for the giants, they beat cincinnati 2-1 in 10th innings, trailing that game two games to one. dennis will have reactions from inside the locker room in just a bit in sports. in the meantime a man was arrested at a major california airport after security found a smoke grenade, knives, a hatchet and body bags inside the luggage. he flew out of japan bound for boston. cbs reporter juan fernandez tries to figure out what the guy was up to. >> reporter: tonight, harris is in federal custody. the 28-year-old is accused of transporting hazardous materials including a smoke grenade like this one in his checked baggage. for harris had just landed at lax last friday, scheduled to fly to boston when airport security was tipped off that something was wrong. according to the criminal complaint, a tsa agent noticed he was wearing flame retardant pants and what appears to be a

bullet proof vest under his trench coat. here's the long list of what agents found. a smoke grenade, a leather coated view, a collapsible baton, knives, hatchets, body bags, a bio hazard suits, cooking tongs, handcuffs, leg irons, physical examination lexi cups and a device to repel dogs. passengers i spoke to tonight couldn't believe all that got through. mr. i was upset that they took my tooth paste from me. >> he's a naturalized u.s. citizen from china. he and his family live in this house in boston. our cameras were turned away at the door, but neighbors reacted to the international headlines that harris is making. >> never any major activity coming from the house. they are nice people. honestly, i'm surprised to hear about all of this. >> reporter: the question is how they got by the airport

security in japan and korea. an aviation expert told me that all flights are coming directly to the u.s. from abroad and they must have every single spray before they go on board. since making a stop in korea, they may have done a limited search or skipped his bag altogether. >> also in the news tonight, san jose's police chief doesn't want any secrets in his police department. they think that it will be time for them to speak up. cbs5 reporter has learned of a memo that he sent out, urging officers to be themselves. a few months ago, the officer had a secret to tell the police chief. and a secret that he had been keeping for half a century. >> you were a nervous wreck. >> yeah, no doubt. >> all right, it is not like something we tell everybody, you know, for 50 plus years. >> reporter: they had just undergone new sensitivity training. at that point the 56-year-old instructor decided he was in

the closet long enough. >> finally i said chief, after the session, you know on the 25th, i'm gay too. >> reporter: two months later, the chief released this memo on monday, promoting national coming out day saying that stress and anguish can result from hiding a person's sexual orientation. the department encourages members to be who they are. >> coming out sort to speak isn't going to affect any promotional opportunities that might be available, any special assignment that might come up, or anything else that you want to do in this department. >> reporter: even the assistant chief and the police union president are both openly gay. he said that there could be as many as 40 officers with the department of 1,000 cops who will be here to come out. >> it had had is where you will get taken out in the classroom. >> reporter: starting this week for the first time, they will lecture the new academy recruits not to suffer for years like he did. >> it is just so liberating that you don't need to worry about all the bags coming

around. when you're working to focus on your jobs, not try to maintain a cover story. and just about it to enjoy life. >> reporter: he says they want to be treated like everyone else as they are not gay officers, but rather officers who just happen to be gay. in san jose, cbs5. with gas heene so expensive. electric cars are selling like hot cakes, but are they really worth the extra cost? new target opens up in the bay area, but it's not your average big box store. the popular items that they won't be selling. this bay area teen died hours after eating dessert. >> it was the most heartbreaking day of our life. >> his father's crusade to prevent food allergy death. the nationwide law that he says will save ,,,,,,,,

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peaking. prices jumped only california gasoline prices are still the highest in the country, but they may be peaking. prices jumped only a fraction of a cent overnight. nine days ago we were paying $4.17 on average for regular gas. now it's $4.67 a gallon, a $0.50 jump. all of a sudden electric car sales are booming. cbs5 reporter len ramirez finds out if they really give you the bang for your buck. >> all right. and i'm going to be driving, up

we go. >> reporter: he just bought a plug-in hybrid and now feels like a genius, especially after driving past the gas station pumping octanoate nearly $5 a gallon. >> i'm glad i bought this car because i bought it thee weeks ago driving 567 miles on the owe come terp odometer and still haven't put any gas in it. >> the sales of the volt and the other heck trick cars. >> we have sold 18 over the past weekend and the past 45 days that we have sold over 100 of these vehicles. >> that's three times the normal number of sales. >> people will come out and, you know, seek these type of cars, looking into it specifically for the electric or the hybrid cars that get great gas mileage. >> when the battery is empty, i will continue to go on gas. >> it has two motors. the gas motor kicks in when the

electric power will be running low, compared to the other popular hybrids. the volt is cheaper to drive in the long term even though close to $30,000 it is more expensive. >> i can drive around the whole day and come back and barely use any gas. when i'm commuting to work, i don't use any gas at all. >> it is one reason why the government is offering big rebates on cars like the heavy volt. in fact it takes about $10,000 off the sticker price. in san jose, len ramirez, cbs5. well today is some bay area shoppers that they have been waiting for as it will be almost here on sunday for you. target will open their first san francisco store at the metro. cbs5 reporter elizabeth cook takes us on a tour explaning what you won't find. some of the stuff that you normally see at target. >> reporter: these aisles probably look familiar to most people in the bay area. >> clothes, deodorant, shampoo.

food sometimes. >> reporter: but until now, folks that live in san francisco had to venture out of town to visit the big red box store. >> like all targets, customers will come here and load up on their basics like the laundry detergent, clothes, even food. but there are a few typical target items that you will not find here like the big bulk items. large pieces of furniture and the giant big screen tvs. essential hi anything that will not fit in a tiny apartment. >> i was surprised that they were able to get in here. >> reporter: he was surprised that the city usually moved towards the pig box stores giving them a warm reception. >> all the blowback that i thought we would get when we started to talk about target, we didn't get it here. >> reporter: they are creating more than 300 retail jobs. he helped build the store. >> it is nice to have an upswing for the retail sales. and construction as well. >> reporter: in san francisco, elizabeth cook, can cbs5. those are kids with food

allergies skyrocketing with lots of theory as to why. but no one really knows why it's happening. if you do have an allergy, one warm bite could kill. in fact the bay area dad lost his son because of a dessert. cbs5 reporter sharon chin on their crusade to protect 12 million kids and the law he says will save lives. >> it was the most heartbreaking day of our life. >> reporter: it happened four years ago, but they recall every detail. his family vacationed in had mexico, celebrating the oldest son b.j.'s 18th birthday and high school graduation. >> we were walking. then b.j. comes up to be me and says, dad, my throat hurts. can you get me some cough drops? >> reporter: those would be the last words to his father. >> his lips are blue, he's pale gasping for air. >> reporter: he was allergic to peanuts. unknowingly ate some in his

chocolate mousse that might. >> he just gets hives and we give him antihistamines and he would be okay. but this time it killed him. >> reporter: 12 million american children or one out of 12 have a food allergy. they said that half of them will have a life threatening reaction some time in their lives. the researcher at children's hospital researches this stuff. >> people could be looking normal. then within a matter of minutes if they inject that food or someone wipes it on their skin, they can have a reaction. >> reporter: the centers for disease control says that the number of the children with the food allergy doubles every two decades and that those allergies will kill up to 500 children a year. he says there is no known cause or clear explanation as to why the serious cases are growing. >> probably because this is a genetic component and that is something that has been

inherited to families. but in addition there is something in the environment. >> reporter: doctors are doing clinical trials to find a cure. meanwhile the best thing for them to do is prevent a serious allergic reaction. that means scrutinizing the food labels, avoiding many restaurants. >> every decision, every single bite, it is a life or death situation. >> reporter: their 9-year-old son brandon has a severe allergy to peanuts. he doesn't even need to eat it or touch it. >> he got a hug from a relative that had eaten nuts earlier. >> they carry an epinephrine pen everywhere. >> you can inject it right through your clothing. >> in case of a reaction, they inject the medication from the epinephrine pen. it requires schools to carry the epi pens to treat any student with an emergency. >> 25% of those times when this

is an incident at school, it's an undiagnosed food allergy. >> reporter: they are lobbying congress to pass the legislation. it is just one way he's urging people to take food allergies seriously. >> be vigilant, don't take it lightly. go get your child checked. it's a life-changing event to lose a child. you will never get over it. >> reporter: in san jose, sharon chin, cbs5. >> there is a fundraising walk in san jose this weekend to promote awareness of food allergies. we have details on cbs5.com. ,,,,,,,,,,

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east bay not much. down to the south bay things have dried up for now, up in the north bay, that is, i'm sorry, up in the peninsula as you can see it is getting ready to move into south san francisco before moving offshore. but take a hook at how it was coming down in san jose tonight at about 8:00. i mean it was really pouring up. just a little bit more than that here at the naval air space station. all of this will be coming down and your 1-year-old is celebrating their first birthday, never really seeing rain as you need to open up the front door and you'll take a look at that and they are just fascinated by it. he's down at willow glen a future weather man. let me tell you that they will be sitting off. moving south and then kick inland by tomorrow night. when it does, we have a chan of showers, especial hi favoring the -- especially favoring the south bay. so look out the doors tomorrow morning. variable clouds. sun, sprinkles that could happen and the forecast high still on the mild side. 70s for the most part.

towards the weekend, things will change. warming trends will kick in on saturday and sunday. we'll warm back up into the 80s by next weekend at this time. the polls will be back tomorrow night with all the latest. a lot happening in weather and more happening in sports. >> i'm giving you credit as you called that rain. i laughed at you as i was wrong. the ,,,,,,,,,,,,

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solo shot putting oakland up 2- 0, but that's all the offense they would take on tonight. 9th inning as they have a tying run at the plate on to save it. prince fielder, could he hit it a little further this time? no it will stick. three double plays and the a's will win it to see another day as they win 2-0. >> and we live to see another day. >> that's pretty amazing at the ball club especially being this young. always a fun atmosphere coming in after the loss. >> that is a great environment. you know, a great crowd. there had it's unbelievable. as electric as it was last wednesday when we questioned the division, you know, it was probably even better than what they expected here. they were on into it chanting before the first pitch of the game. and you know, it is really, well, awesome to be in an environment like that and a lot of fun. >> yeah, the crowd has been awesome. meanwhile he gave his team an emotional pre-game speech before the giants faced the do or die game in cincinnati.

it turns out that it was the right man for the job, allowing just one run giving some help from the speech maker himself. doing it with his mouth here and his gloves. the giants, they did not get a base hit until the 6th inning, but they will get a run in the third. they will score the regular block though and the game is tied at one. he threw a no hitter on september 28, they struck out 10 giants. they struck out 16 times in all. the top of the 10th, jonathan brockman will get the area shoppers. but it should have been the third out. and instead he scores the red 2- 1 to force a game four tomorrow. >> and that is the type of games we have played all season long as we will be a great team playing very well. before they needed to get next to it as we don't may for ourselves. they will play next week for the duo and the greater good. and now if it this is any kind of an example for you of the world to fight and the world to

win and survive is this team. but yeah that's the way they have been playing all year hong, you know, to be honest. it is kind of a great scenario for you, so it is what it is. ,,

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